Texas hemp leaders file lawsuit against smokeable ban

Key Points:

• Texas hemp industry groups and businesses have filed a lawsuit seeking to block new state regulations that ban natural smokeable hemp products and significantly raise licensing fees, arguing the Texas Department of State Health Services and Health and Human Services Commission overstepped their constitutional authority.
• The new regulations, effective March 31, require stricter packaging, labeling, testing, and a 21+ purchasing age, but most controversially, they measure total THC content including THCA, effectively banning popular smokeable hemp products that exceed the 0.3% THC limit when activated by smoking.
• Industry leaders contend the agencies' rules contradict the 2019 Texas law defining hemp by delta-9 THC content and claim the increased licensing fees—from $258 to $10,000 for manufacturers and $155 to $5,000 for retailers—will force many businesses to close.
• State officials emphasize the regulations aim to protect youth, citing a sharp rise in cannabis-related poisoning calls involving children and teenagers since hemp-derived THC legalization, though experts caution the data requires context.
• The lawsuit is part of a broader legal battle over hemp regulation in Texas, including a pending Texas Supreme Court case on the state's ban of delta-8 THC, with both cases challenging administrative agencies' authority to alter hemp laws without legislative approval.